Common use of Termination and Removal Clause in Contracts

Termination and Removal. 7.1 Upon expiration of the Employment Term, the obligations of both parties under this Agreement will terminate, except as otherwise provided in the Agreement. 7.2 Notwithstanding anything to the contrary in this Agreement, if You commit serious misconduct, or a breach of this Agreement or the Company policies, Gigamon may, in any or each such instance, immediately upon notice to You, terminate this Agreement and relieve You of all duties. In addition to any internal rights Gigamon may have against You, Gigamon may take additional steps externally to enforce its rights or report a crime that may have occurred by approaching any Court of competent jurisdiction or any law enforcement authority. 7.3 Gigamon may, at its sole discretion, terminate this Agreement during the Employment Term by providing 30 days' prior notice in writing to You, or payment of prorated Compensation in lieu of notice, in the event that You are unable to perform the duties hereunder due to a disability. The termination of this Agreement in accordance with this Article 7.3 shall not affect Your right to continue to receive benefits under any applicable Gigamon disability insurance plan covering You in effect at the date of termination or any statutory payments. 7.4 The parties agree that at any time during the Employment Term, in the event of any significant non-performance by You, as determined by Gigamon, at its sole discretion, Gigamon will be entitled to terminate You or appoint a replacement t or re-assign your responsibilities, and You will be bound to comply with the same. 7.5 Gigamon may, at its sole discretion, terminate the Agreement during the Employment Term by providing 30 days' prior notice in writing to You, or by paying you prorated Compensation in lieu of notice, in the event that Gigamon is suffering or has suffered financial losses, or is undergoing financial difficulties. The Employment Term will end immediately, without any notice by Gigamon, upon your death, following which your estate will be entitled only to any statutory payments. employee of Gigamon.

Termination and Removal. 7.1 8.1 Upon expiration termination of the Employment Termfor any reason, the obligations of both parties under this Agreement will terminateAgreement, except as otherwise provided in the Agreement, shall terminate. 7.2 8.2 Notwithstanding anything to the contrary contained elsewhere in this Agreement, if You commit serious misconductin the event the Employee commits a Material Breach, or a breach of this Agreement or the Company policies, Gigamon may, in any or each such instance, immediately upon notice to Youthe Employee, terminate this Agreement and relieve You the Employee of all duties. In addition to any internal rights Gigamon the Company may have against Youthe Employee herein, Gigamon the Company may take additional steps externally to enforce its rights or report a crime that may have occurred by approaching any Court of competent jurisdiction or any law enforcement authority. 7.3 Gigamon 8.3 The Company may, at its sole discretion, terminate this Agreement during the Employment Term by providing 30 thirty (30) days' prior notice in writing to You, or payment of prorated Compensation in lieu of noticethe Employee, in the event that You are the Employee is unable to perform the duties hereunder due to a disabilityDisability. The termination of this Agreement in accordance with this Article 7.3 Clause 8.3 shall not affect Your the right of the Employee to continue to receive benefits under any applicable Gigamon disability Disability insurance plan of the Company covering You the Employee which is in effect at the date of termination or any statutory payments. 7.4 The 8.4 It has been agreed between the parties agree that at any time during the Employment Term, in the event of any significant nonSignificant Non-performance Performance by Youthe Employee, as determined by Gigamonthe Company, at its sole discretion, Gigamon will the Company shall be entitled to terminate You remove the Employee or appoint a replacement t to the Employee or re-assign your responsibilitiesthe responsibilities of the Employee, and You the Employee will be bound to comply with the same. 7.5 Gigamon 8.5 After the first six months of employment, the Company may, at its sole discretion, terminate the Agreement during the Employment Term by providing 30 days' prior notice in writing to You, or by paying you prorated Compensation in lieu of noticethe Employee, in the event that Gigamon the Company is suffering or has suffered financial losses, or is undergoing financial difficulties. . 8.6 The Employment Term will shall end immediately, without any notice by Gigamonthe Company, upon your deaththe death of the Employee, following which your the Employee's estate will shall be entitled only to any statutory payments. 8.7 Either the Employee or the Company may terminate this Agreement, by providing one (1) month's written notice to the other party. employee The Company reserves the right to pay in lieu for all or part of Gigamonthe notice period. For the avoidance of doubt, the payment of remuneration in lieu of notice will be equal to the amount that the Company would have been liable to pay the Employee at the base rate of pay for the hours they would have worked had their employment continued until the end of the notice period. During the period of notice provided, the Company may, at its discretion, direct the Employee: a. not to attend for work at any offices or premises of the Company; b. not to perform the duties of the Job Description; c. to perform duties which are different to your usual duties, provided that you have the necessary skills and competencies to perform these duties; d. to assist the Company with a proper hand over of the duties of the Job Description including business information, work, clients, and business; e. to take any accrued but untaken period of leave to which they are entitled, subject to applicable law; or f. not to have any dealings with any customers, suppliers or clients of the Company. If the Employee terminates the Agreement without serving the stipulated period of notice, the Employee shall not be entitled to the salary and any other benefits due to them from the Company. 8.8 In the event of termination of this Agreement by the Employee for any reason, the Employee shall not be entitled to any further salary or benefits subsequent to the termination.